Coronavirus Update 5-25-2021: How to enforce masks rules at work without breaching ADA confidentiality rules

If an employer is supposed to keep an employee's vaccination status as a confidential medical record, how is an employer supposed to enforce the CDC's most recent guidance that permits fully vaccinated individuals to unmask? 

Coronavirus Update 5-21-2021: We need a digital vaccine passport

Yesterday's post about COVID-19 vaccine-card fraud got me thinking about what we need to do to combat it (other than trying to spot fakes when we can and diligently enforcing the criminal laws that already prohibit this fraud). My answer:

A national digital vaccine passport.

But it's complicated.

Coronavirus Update 5-20-2021: Fake Covid vaccine cards are a growing problem, and also a federal crime

Fraudulent COVID-19 vaccine cards are readily available online, and their prevalence will only grow with the CDC's loosening of its mitigation guidelines for the fully vaccinated.

The problem has gotten so bad that the FBI is now warning people that making or buying a fake COVID-19 vaccination record card is a federal crime.

Coronavirus Update 5-19-2021: OSHA sends employers a strong signal that it intends to follow the CDC on masks

One open issue stemming from the CDC's about-face on masking for the fully vaccinated is how OSHA would address these new guidelines. When OSHA published its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace in late January, it made it clear that one's vaccination status had zero impact on an employer's obligation to require masks in all cases. 

Workers who are vaccinated must continue to follow protective measures, such as wearing a face covering and remaining physically distant, because at this time, there is not evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person. 

In the world of Covid, three and half months is an eternity, so here we are just three and a half months later living in a country without facial coverings for the fully vaccinated. So what says OSHA?

The 9th nominee for the “Worst Employer of 2021” is … the enslaving employer

Today, a break from talking about the CDC and masks (but more tomorrow) to bring you a truly awful nominee for the Worst Employer of 2021.

For the past two years, a human trafficker or enslaver hoisted the "Worst Employer" trophy at year's end. Will 2021 bring us a threepeat?

NBC News reports on a strong contender:

The FBI was at a massive Hindu temple in New Jersey on Tuesday that has been accused in a lawsuit of luring Indian men from marginalized communities to the U.S. and forcing them to work nearly 90 hours a week for around $1 an hour.

Coronavirus Update 5-17-2021: It’s spelled HIPAA, not HIPPA … fixing some common misconceptions about the Health Insurance Portability and Accountability Act

Ever since the CDC amended its COVID-19 guidance to say that the fully vaccinated no longer need to wear masks indoors, I've read myriad variations of this tweet:

Friendly reminder that under HIPPA, your vaccination status is private.

Or this tweet:

The rule is simple, HIPAA protects EVERY American from disclosing ANY of their health records to ANYONE.

Their point? That medical privacy laws protect their vaccination status, and it's illegal for any business to ask as a condition of anything.

They are very, very wrong. So, I thought today I'd clear up some common misconceptions about HIPAA specifically and medical privacy more generally.

Coronavirus Update 5-14-2021: CDC ends masking and social distancing for the fully vaccinated, but what does it mean?

Yesterday, the CDC updated its Covid guidance to remove all masking and social distancing guidance for those of us who are fully vaccinated. According to the CDC—

• If you are fully vaccinated, you can resume activities that you did prior to the pandemic, without wearing a mask or physically distancing. 
• If you are not fully vaccinated, you must keep wearing masks when around others indoors.

But what does this really mean? And, more to the point, how you know who's vaccinated and who's not so that you can permit them to remove their masks inside your business?

But what does it really mean? And, more to the point, how do you know who's vaccinated and who's not so as to allow anyone to be unmasked?